The department is hereby authorized to promulgate, implement, and amend regulations, in accordance with the provisions of chapter 35 of title 42, providing for the submission of claims to the fund and the timely disbursement of monies from the fund. Such regulations shall include, but not be limited to, the following:

Terms Used In Rhode Island General Laws 46-12.9-7

  • Department: means the Rhode Island department of environmental management. See Rhode Island General Laws 46-12.9-3
  • Director: means the director of the department of environmental management, or his or her designee. See Rhode Island General Laws 46-12.9-3
  • Eligible costs: means costs, expenses, and other obligations as incurred by a responsible party for site investigation, site remediation, or other corrective-action activities ordered or directed, and approved, by the department or performed by the responsible party and not specifically identified by the department as ineligible. See Rhode Island General Laws 46-12.9-3
  • Fund: means the Rhode Island underground storage tank financial responsibility fund established herein. See Rhode Island General Laws 46-12.9-3
  • Release: means any spilling, leaking, pumping, pouring, injecting, emitting, escaping, leaching, discharging, or disposing of any material stored in an underground storage-tank system subject to these regulations into groundwater, surface water, soil, air, or any other environmental media. See Rhode Island General Laws 46-12.9-3
  • Responsible party: means the person or persons liable for release of petroleum or the remediation of a release. See Rhode Island General Laws 46-12.9-3

(1) A means of notifying all eligible parties of the existence and functioning of the fund;

(2) The record keeping required of eligible parties for submission to, and reimbursement from, the fund;

(3) A set criteria that establishes the eligibility for reimbursement of specific costs, expenses, and other obligations;

(4) A method of providing periodic reimbursement for eligible costs incurred by an eligible party after July 8, 1994. Such reimbursement shall be processed in the order that the claims were filed, subject to funds availability, except in the case where the director finds that funds must be expended out of order in order to abate an environmental emergency;

(5) A requirement that the department render its decisions to an eligible party upon the receipt of a complete claim for reimbursement within ninety (90) days following its receipt of completed claim;

(6) Establishing procedures for verifying claims presented under this chapter;

(7) Establishing procedures for approving, modifying, or denying claims;

(8) The eligibility of claims shall be determined by the department; provided, however, that no claims shall be considered for costs incurred prior to January 1, 1994, by responsible parties who are owners or operators of no more than one location containing underground storage tanks and July 8, 1994, by all other responsible parties;

(9) Empowering the department to recognize and arrange for performance-based and other contracts with the responsible party and/or contractor for the remediation of a release; and

(10) Empowering the department to arrange for the establishment of alternate means of financial responsibility.

History of Section.
(P.L. 1994, ch. 144, § 1; P.L. 1998, ch. 245, § 1; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.)